Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-07-07

-" '"Ni"eHSo W the appear OF pro-
test.
Under ordinary circumstances bid
ders do not take the advice of counsel
before attending judicial sales, especi-
ally where small investments are con-
templatec, and the strong probability
is that protest of this character would.
III large majority of such cases,
wholly defeat sale of the property.
1he real quostiOn raised 6y the ru,e
against this dofcndcnt Is whether he
atone, Or ViM othcrs, resisted and
o6stTucted, or attempted to resist and
odstTuct the saie Of the Gallc0o pro-
pcrty.
| am clearly Of opinion that reading
the protest as set out in the rule was
primdJdcie case of contempt; and
when an attorney comes TO the bar OF
the court and declares without expla-
nation that he as counsel advised and
assisted in preparing and reading the
protest, and has no apology to make,
be puts himself in a light which re-
quires the Court to punish him for his
conduct, unless he purges himself of
all contempt to the satisfaction of the
Court.
The manifest tendency of this pro-
test was TO frighten tinia bidders. If
the object and purpose of this defend
ant was to alarm aud drive away bid
ders, to depress, and il possible, pre-
vent the sale, and thus defeat the adj
ministration Of justice, it was an
aggravated case OF contempt, and de-
manded the prompt and vigorous exer-
else of oil the powers of tkis
Court to protect its authority;
to maintain its jurisdiction TO
enforce obedience to its decree, and
to punish the offenders in summary
manner. And the law is well settled
that the power Of the Court extends TO
an attorney who aids and assists his
client in obstructing and resisting the
due execution of decree of the Court.
! In the case of Wells as. the Common
wealth, Judge Anderson, speaking for
the whole court, says: "We hold that,
as it is the duty of the client, so it is
the duty of the attorney, and in q
higher sense considering his relation
TO the courts, and in general his greater
intelligence and capacity to appreciate
its importance, to respect the authority
and to maintain the lawful jurisdiction
Of the courts of justice. For laws,
without competent authority to secure
their administration from disobedience
and contempt, would be vain and miga-
tory"
Without discussing the subject at |
greater length, it is sufficient TO say |
that the powers of the Court are full |
and complete to summarily punish |
counsel or suitor who wilfully obstrncts |
the due execution of a decree of the !
Court, and when necessary this power
skOuld be exercised promptly and
sternly.
1t is gratifying to know, however,
that the cases are of Taro occurrence
where the administration Of Justice
has been knowingly or intention
ally impeded by a member of
the legal professional profession
gentle in its sympathies, generous in
its rivalries; quick to applaud the
right; prompt to condemn the wrong;
ready to sustain and enforce all proper
and lawful authority, and foremost in
its endeavors to advance all social pro-
gress.
But it sometimes happens that an at
tOrney in the faithful aioohorSc 90 IFS
difficult and delicate duties makes a
mistake and does some act which is n
contempt in the eyes of the court. In
such cases he may, when proceeded
against, answer under oath that he
acted as counsel in good faith, without
any design, wish, or expectation OF
committing any contempt of or offer
ing any disrespect TO the court If
the attorney has acted in good faith,
although he has erred in Judgment, he
should be discharged from all punish
ment But it is absolutely essential
that he shall show that he did act in
good faith for what he honestly be-
HcUcd to be the interest of his client.
and not from disrespect to the court or
a design TO obstruct its DEGREES and
impede the administration OF jsstice.
See Commonwealth rs. Wells, 2l Grat-
tan, page 500.
In the present case The defendant in
his answer under oath (Which is also
the answer of his associate counsel to
n similar rule) declares = "that he
" and his associate, in pre-
{" pairing and reading at the sale the
% paper, which forms the subject of
" this rule, did not intend any con
90 tempt of this court or its decree, or
90 any resistance or obstruction to its
90 eXecutiOn-either actual, technical, |
90 or constructiye-and that they
60 neither did or contemplate anything
50 but what scemad to them fairness {
50 and justice required in giving due no.
- tice to those present of the then legal
90 status of the case; and further, be- {
g cause on the fullest consideration they !
. sincerely believed that that client,
. Mr.. Todd, might, in the absence of 8
. such notice, impair or waive the
. rights which had accrued to him or {
. which might accrue to him thereafter,
9 if he remained silent and vet became !
= a bidder at the resale
md the defendant in another part of G
lis answer again makes the same decla- i
alton in the following language 1
"They again declare that no
such contempt was intended by either a
of them, and that all they did was in
the honest exercise of what they sup
posed to be their legal rights and q
{ those of their client and in the faith
full efforts to maintain those rights in
the manner above stated.
This answer is satisfactory to the
'ourt and purges the defendant OF all s
a
In the opinion of the Court it was c
ntirely unnecessary to read the S
rotest in order to protect or
reserve any rights which Mr.. a
odd then had or might thereafter o
asure by reason of his appeal and it
-ss in no way the duty of Mr.. Todd n
r his counsel to warn an intending s
urchaser against the title which
ould be given him 10y the Court. Full d
pportunity is Arrays given pur-
haser at a judicial sale to satisfy himself n
1 respect to the title before paying for +,
le property; and this Court never Fl
,rces o purchaser under its decree to II
Ike q bad title. But the Court
satisfied that the defendant F
ted in good faith for, what he
onestly believed to be" the in C,
rest of his client and not from any f
....ex.ooA A. Al. lfo,wk or oDy Jaciun